Tommy L. Parker v. James Howard Jamison, Jr. and Cynthia Phillips-Price

Court of Appeals of Texas·Decided August 11, 2025·No. 07-25-00194-CV·Published

Opinion

In The

Court of Appeals

Seventh District of Texas at Amarillo

No. 07-25-00194-CV

TOMMY L. PARKER, APPELLANT V.

JAMES HOWARD JAMISON, JR. AND CYNTHIA PHILLIPS-PRICE, APPELLEES

On Appeal from the 72nd District Court Lubbock County, Texas

Trial Court No. DC-2024-CV-0170, Honorable John C. Grace, Presiding

August 11, 2025

MEMORANDUM OPINION

Before QUINN, C.J., and DOSS and YARBROUGH, JJ.

Tommy L. Parker is a vexatious litigant subject to a prefiling order which prohibits him from filing new litigation in any Texas court without first obtaining permission from the local administrative judge. See TEX. CIV. PRAC. & REM. CODE ANN. §§ 11.101 (granting trial courts authority to enter orders prohibiting vexatious litigants from filing new litigation without permission from the local administrative judge), 11.102 (outlining the procedure for obtaining permission from a local administrative judge); 11.103 (prohibiting a clerk of a court from filing a litigation, original proceeding, or appeal by a vexatious litigant subject

to a prefiling order without an order from the local administrative judge permitting the filing). Despite the prefiling order, Parker filed a notice of appeal from the trial court’s Final Judgment.

Chapter 11 of the Civil Practice and Remedies Code requires courts to dismiss new actions filed by a vexatious litigant when the litigant fails to file an order from the local administrative judge permitting the filing of the new action. See TEX. CIV. PRAC. & REM. CODE ANN. § 11.1035; Leonard v. Paxton, No. 03-19-00771-CV, 2020 Tex. App. LEXIS 3032, at *3–4 (Tex. App.—Austin Apr. 10, 2020, no pet.) (mem. op.) (dismissing appeal, after notice, because vexatious litigant failed to provide order permitting its filing). By letter of July 25, 2025, we admonished Parker that this appeal was subject to dismissal unless he filed an order granting the required permission. In response, Parker submitted a copy of a letter from the local administrative judge denying his request for permission to file the appeal.

Because Parker is a vexatious litigant and has failed to file an order from the local administrate judge granting permission to file this appeal, we dismiss the appeal. See TEX. CIV. PRAC. & REM. CODE ANN. § 11.1035(b).

Per Curiam

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Related

§ 11.101
Texas CP § 11.101
§ 11.1035
Texas CP § 11.1035